The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal and Procedural Law / LL.M.

[pt] O período do exílio foi particularmente fecundo para o pensamento religioso de Israel, quando, então, se pôs com veemência a questão da teodicéia e da busca de nova visão de Deus. Abraão, depositário das promessas, é feito porta- voz da questão fundamental acerca da justiça e da misericórdia de Deus, aguçada depois da destruição de Jerusalém quando, aparentemente, Deus não havia feito distinção entre a sorte dos culpados e dos inocentes. O diálogo entre Deus e Abraão logra justificar a Deus como justo juiz e reafirmar a tese deuteronomística da observância da Tora como condição para se obter a bênção prometida a Abraão; ao mesmo tempo, introduz elementos inusitados no pensamento de Israel, a saber, a possibilidade de os méritos do inocente mudar a sorte dos culpados. Na figura do Servo do Deutero-Isaías esta possibilidade é levada ao extremo, pondo definitivamente em xeque a doutrina da retribuição: o inocente não somente padece com os culpados, seus méritos não apenas influenciam o destino deles, mas ele sofre vicariamente, em lugar dos culpados. A descoberta deste novo modo de agir de Deus em seu Servo é a grande novidade revelada ao grupo que desempenha importante papel no poema. / [en] The exilic period was particularly fertile to Israel s religious thought, for at that time, the question of theodicy was strong, along with the search for a new understanding of God. Abraham, the holder of the promises, was the spokesman for the fundamental question of God s mercy and justice, a problem which became more urgent after the destruction of Jerusalem, when God apparently had not distinguished between the guilty and the innocent. The dialogue between God and Abraham manages to justify God as the righteous judge and reaffirm the deuteronimistic thesis of the observation of the Torah as necessary for obtaining the blessings promised to Abraham. At the same time, it witnesses to new developments in Israel s mentality, namely the possibility of the innocent s merit changing the fate of the guilty. In the figure of the Suffering Servant in Deutero-Isaias this possibility is carried to the extreme, and the doctrine of retribution is definitively placed in check: the innocent not only suffers along with the guilty, his merits not only influence the latter s fate, but the innocent suffers vicariously, in place of the guilty. This discovery of God s new way of acting in his Servant is the great novelty revealed to the group that plays an important role in that poem.

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[pt] Este trabalho estuda o texto de Jó 14,13 17, considerando sua data de redação, de forma a permitir a compreensão do contexto e consequente significado teológico. Com a datação do texto, as fontes históricas, bíblicas e não bíblicas permitem concluir o contexto histórico, econômico, social e religioso da época, e suas implicações na vida do povo de Israel. Comenta-se o significado dos termos e expressões usados no texto poético. Estabelece-se, então, o que motivou o autor a desejar ser escondido no sheol, por tempo determinado, até YHWH desistir de sua ira e voltar a se recordar dele. Analisa-se, também, como a doutrina da retribuição influenciou o conflito que surgiu no meio da comunidade e como ele foi enfrentado. A poesia de Jó 14,13 17 é parte do esforço desenvolvido para solução dos conflitos sociais causados pela miséria e sofrimento do povo. Enquadra-se no contexto do trabalho pastoral que conclamou a classe social alta a uma atitude de solidariedade, como resposta à convocação de YHWH ao homem. / [en] The present paper studies the text of Job 14 two point 13 17, taking into account the time and the context in which it was written in order to allow the understanding of its theological significance. Given the information on the text dating, historical, biblical and non-biblical sources establish the historical, economic, social and religious context of that time, and its implication on the lives of the People of Israel. The meaning of terms and expressions are analyzed in the poetic text. This study establishes what prompted the author’s wish to be hidden in Sheol for a given time, awaiting for the divine wrath to end, of provided that YHWH could still remember him. This paper also analyses how the doctrine of retribution influenced the conflict that arose in middle of the community and how it was faced. The poetry of Job 14 two point 13 17 is part of the effort to solve social conflicts caused by the misery and suffering of the people. This text falls within the context of the pastoral work developed, which urged the upper class to show an attitude of solidarity as a response to the summons of YHWH to man.

The tragic and devastating September 11 attacks resulted in a variety of original musical responses. Exemplary works expressed their reactions through overt 9/11-concentric dialogues to express themes of mourning, military retribution, dissent and commemoration. An examination of such works concludes that effective musical responses express a direct message clarified by supporting musical and/or textual materials. Musical materials can accentuate the specific thematic message of the responsive work as they often evoke images and emotions reminiscent of the attacks and their aftermath. Compositional techniques used in these works are often reminiscent of historical works written in similar circumstances. The recurrence of these historical approaches illuminates the timeless compositional design of historical examples and exemplifies modern advancements in music composition and production. A comparison between classical and popular post-9/11 musical compositions concludes that certain classical and popular genres deal with responsive themes more effectively than others. A recommendation for further study is enclosed.

This research seeks to establish a methodology by which transitional justice strategies ought to be incorporated within the International Criminal Court (ICC) framework. The study is based on the situation in Uganda as an example of the state that has a situation and cases before the ICC. The aim of the thesis was achieved through the adoption of a combination of theoretical legal research and the non -doctrinal approaches. This research establishes that the primary responsibility to prosecute persons suspected of violating international law lies with the states. The importance of the concept of individual criminal responsibility, the idea that every person suspected of committing the most serious offences must be held accountable regardless of status. The principle of individual criminal responsibility is further developed with the creation of the ICC. This research clarifies that there are limitations in terms of what prosecutions can achieve during transitional periods; further, that trials in the ICC and national courts can be undertaken together with proceedings of the Truth and Reconciliation Commissions or indigenous mechasims. Such an approach will allow for confines of prosecutions to be addressed. Despite the existence of principles and institutional framework that are intended to ensure individuals are held accountable for the most serious offences of international concern, the majority of individuals are not held accountable. In order for the ICC to operate effectively it would need to seek to go beyond deterrence and retribution. This would require post – conflict states to devise transitional arrangements that compel with the ICC structure. Thus the research recommends that it would be better for judicial and non- judicial measures to be adopted in states that have cases before the ICC. Particularly Uganda must adopt the mato oput method formally as a tool to address the past human rights abuses in Uganda. All persons regardless of whether they have been granted amnesty or not must be held accountable under the mato oput measures. This implies all persons with exception to those that the ICC has issued the warrants of arrest against. / Public, Constitutional and International Law / LL. D.

Legitimacy of criminal sanction is originated on its own purposes pursued in a state governed by the Rule of Law. That legitimacy should include the penalty as well as security measures, bearing in mind that both are imposed to someone breaking a rule of conduct, and therefore, someone capable to do it. Reviewing penal capacity or criminal liability concepts is required because if penal capacity means the capacity to understand the reality and adjust the behavior to it, and if every legitimate criminal sanction have to be imposed to someone who have the capacity of break it, then security measures also have to be imposed only to people responsible, capable to understand rules and act in accordance. With regard to people not subject to criminal liability they are standing outside Criminal Law and punish them would be illegitimate. In this line, criminal liability should be seen not only as a crime assumption but also as a basic statement for any dialogue the state shall have with the citizens: at the level of crime itself, proceedings and sentence execution . / La legitimación de la sanción penal se deriva de los fines que persigue en un Estado de derecho. Dicha legitimación debe abarcar tanto a la pena como a la medida de seguridad, y tener en cuenta que tanto la pena como la medida de seguridad se imponen a quien infringe una norma de conducta y, por tanto, a quien tiene capacidad para infringirla. Esto presupone revisar el concepto de capacidad penal o imputabilidad,pues si imputabilidad es capacidad para comprender la realidad y adecuar el comportamiento a dicha comprensión, y toda sanción penal legítima ha de imponerse a quien tiene dicha capacidad, también las medidas de seguridad han de ser impuestas solo a imputables. Los verdaderos inimputables son aquellos que están al margen del derecho penal y a quienes resulta ilegítimo imponer alguna sanción. En esta línea, la imputabilidad ha de ser vista no solo como presupuesto del delito, sino como presupuesto de cualquier diálogo que tenga el Estado con el ciudadano con respecto al delito, al proceso y a la ejecución de la pena.

La Risala al-adhawiya fi al-ma`ad d’Avicenne, portant sur la question du Retour à la vie une fois la mort survenue, présente un certain nombre de thèses originales par rapport aux autres écrits de ce philosophe. Le Retour ne peut concerner les corps : il est en effet réserver aux âmes dans la mesure où l’essence de l’homme réside dans son âme. Les corps se corrompent définitivement au moment de la mort. Le Coran n’a rien d’un texte démonstratif, il s’agit d’un texte rhétorique visant à susciter chez ses lecteurs le comportement moral approprié. On ne peut donc déduire de l’affirmation coranique répétée selon laquelle les corps reviendront à la vie que les corps seront effectivement ressuscités. Par ailleurs, si dans le monde physique il existe une pluralité d’âmes, c’est uniquement en raison de la multiplicité de la matière corporelle qui les accueille. Si les âmes doivent survivre indépendamment des corps qui assurent leur individuation, comment pourraient-elles exister individuellement ? Il n’y aura pas d’existence individuelle des âmes après la mort, mais un Retour de ces âmes au Principe (l’Intellect Agent, ou, en dernière instance, le Principe Premier, Dieu) dont elles émanent : les âmes se résorbent donc dans leur origine et n’ont plus d’existence séparée. Le Retour est absolu. / Avicenna’s Risala al-adhawiya fi al-ma`ad, dealing with the question of Return to life once death has occurred, comes up with various original theses that do not appear in Avicenna’s other writings. The Return cannot affect the body : it is indeed dedicated to souls inasmuch as the essence of man lies in his soul. Bodies get corrupted once and for all when death occurs. The Quran has nothing to do with a demonstrative text, it is a rhetorical text that aims at provoking in its readers the appropriate moral behaviour. It is therefore impossible to deduce from the repeated coranic assertion saying that bodies will come back to life that bodies will effectively resurrect. If in the physical world there is a plurality of souls, it is only because of the multiplicity of the corporeal matter that receives them. If souls have to survive independently from bodies that allow their individuation, how then could they individually exist ? There will not be any individual existence of souls in the hereafter, but a Return of these souls to the Principle (the Agent Intellect, or, at last, the First Principle, God) from which they emanate : therefore souls resorb in their origin and do not have any separate existence. It is an absolute Return.

The death penalty has been an issue of debate for decades and it is of great relevance at present. Different reasons have emerged that make recourse to the death penalty appear necessary, such as, that it serves as a deterrent, it meets the need for retribution and that public opinion demands its imposition. Conversely, more convincing arguments have been raised for its abolition, amongst which is the argument that it is a violation of human rights. Africa is seen as one of the “death penalty regions” in the world, as most African states still retain the death penalty despite the growing international human rights standards and trends towards its abolition. Further, the African Charter on Human and Peoples’ Rights makes no mention of the death penalty. The death penalty in Africa is therefore an issue that one has to be particularly concerned about. During the 36th Ordinary Session (2004) of the African Commission on Human and Peoples’ Rights, for the first time, the death penalty was one of the issues discussed by the Commission. Commissioner Chirwa initiated debate about the abolition of the death penalty in Africa, urging the Commission to take a clear position on the subject. In view of this and the international human rights developments and trends on the death penalty, discourses on the abolition of the death penalty in Africa are much needed. Accordingly, this study examines the death penalty in Africa from a human rights perspective. It seeks to determine why African states retain the death penalty, the ways in which the current operation of the death penalty in African states conflicts with human rights, what causes obstructions to its abolition in Africa, and whether it is appropriate for African states to join the international trend for the abolition of the death penalty. The current status and operation of the death penalty in Africa is first examined. The historical background to the death penalty in Africa from a traditional and western perspective is also discussed. Subsequently, the main arguments advanced by Africans (including African leaders, writers, priests and government officials) for the retention of the death penalty in Africa are evaluated. The study goes further to examine the death penalty in African states in the light of the right to life, the prohibition of cruel inhuman and degrading treatment and fair trial rights at both the international and national levels. After examining the death penalty in African states, the study arrives at the conclusion that it is appropriate for African states to join the international trend for the abolition of the death penalty, considering that the death penalty in Africa conflicts with human rights, the justifications for its retention are fundamentally flawed, and that alternatives to the death penalty in Africa exist. A number of recommendations are then made, which are geared towards the abolition of the death penalty in Africa. / Thesis (LLD)--University of Pretoria, 2006. / Centre for Human Rights / unrestricted

THE ABSTRACT I was dealing with the image of the German in the way how it had been constructed in the articles in regional newspapers from Brno. I was interested about how, in which consequences and with which metaphors or language instruments had been this image of German created. I was working with the articles about Special People's Court in Brno and about only the German defendants. There were two groups of these defendants. The first was created by people who had been Germans also before the World War II. There were also Germans who had accepted the German Nationality during the World War II. I was interested in both groups. I chose the newspapers from the period which starts with the end of the World War II and ends with the end of July 1947 - that is also the end of the special People's Courts established by the President's Decree Nr.16/1945 Sb. Then I was trying to find the consequences between the image of the German in regional newspapers from Brno and the image of German which had been constructed in the Political Speeches of Edvard Beneš, Prokop Drtina and Ivan Herben. I was also trying to answer the question what was the role of Special Public's Courts in the Czech- German equalization and if it is possible that these Courts were one of the culmination of these equalization.